United States Fifth Circuit

In a 42 U.S.C. section 1983 action based on excessive force in an arrest, summary judgment for Defendants is affirmed in part and reversed in part where: 1) Defendant-Supervisor had no reason to believe Defendant-Officer misrepresented the circumstances of the arrest; and 2) a reasonable jury could disbelieve Defendant-Officer's claim that he had probable cause to arrest Plaintiff.

Appellate Information

• Decided 05/01/2009
• Published 05/01/2009

Judges

• PER CURIAM:, Before KING, DENNIS and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Blake R. David (argued), Broussard & David, Lafayette, LA, for Michell and Ricky Deville., John Fayne Wilkes, III (argued), Borne & Wilkes, Lafayette, LA, for Marcantel., Neal J. Favret (argued), Thomas Paul Anzelmo, Jr., Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for Tarver., Randall Brian Keiser (argued), David Heath Trahan, Keiser Law Firm, Alexandria, LA, for Village of Turkey Creek.